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View Full Version : Husband and Wife on Deed, Both Pass away who get property


tiar
Oct 29, 2008, 09:56 PM
Asking in Phila Pa. married couple on deed. Wife passes, husband passes a few years later. Both have adult children, none together. Who gets the property? I think at some point 1 child had the sickly father sign deed to her. Is it all hers or do any of the other children have any recourse on either side. Her children grew up in the home.

tickle
Oct 30, 2008, 05:17 AM
I suggest you hire a good attorney and go over the details with him to find out who owns the property.

Fr_Chuck
Oct 30, 2008, 06:24 AM
Normally it will be the husbands heirs, he got the property from his wife at her death, ( he could have taken her off at that point but her estate would go to him at that point) When he dies, the property ( unless it is stated in the deed) goes to him, when he dies his heirs get it.

The wife needed a will to protect her children to set up a life estate on her share of the property for her children.

They need some good attorneys, but this is normally how it works

ScottGem
Oct 30, 2008, 06:30 AM
Assuming that the husband and wife held the propert as joint tenants with right of survivorship then the husband's kids get the property. As noted, in that case the property passed to the husband on the wife's death. Absent a will the laws of inheritance would specify his offspring as heirs.